V. S. Deshpande, J.

( 1 ) THESE are cross appeals under Section 110-D of the Motor Vehicles Act, 1939 as amended by Act 100 of 1956 (hereinafter called the Act) against the award of compensation given under Section 110-B thereof by the Motor Accidents Claims Tribunal, Delhi, (hereinafter called the Tribunal ). Appeal No. 89-D of 1965 is by the claimants for enhancing the compensation awarded by the Tribunal, while Appeal No. 89-D of 1965 is by the respondents for dismissing the claim for compensation altogether or for reduction of the amount of compensation.

( 2 ) ON 13-6-1963 a motor truck belonging to M/s Gopal Singh Ghanshyam Dass in charge of the driver, Bakshi Ram, ran over and killed one Shri Ajit Singh on old Rohtak Road, Delhi. The truck was insured against third party risks with M/s Vanguard. Insurance Company Ltd. Smt. Amarjit Kaur widow of the deceased Ajit Singh, and their children applied to the Tribunal under Section 110-D of the Act for award of compensation for the death of Ajit Singh alleging that it was due to the rash and negligent driving of the motor truck. They said that the monthly income of Ajit Singh at the time of his death was Rs. 1,200. 00 per month.

Click Here to Read the rest of this document